Benefits Connect Current Terms and Conditions – Terms of Use - The Board of Pensions of the Presbyterian Church (U.S.A.)

Benefits Connect Terms of Use

The Board of Pensions of the Presbyterian Church (U.S.A.), a tax-exempt, non-profit organization (the “Board”), provides information and services related to employee benefit administration through our website (www.pensions.org) and our online benefits self-service system: “Benefits Connect” (collectively, the “site”). These terms and Conditions (the “Terms”) are designed to provide you with information about, and govern your use of, the site. These Terms include your consent to an Automated Calling/Text Messaging and Call Recording. By accessing and using this site or your Benefits Connect account, you (which includes any person you authorize to access and use your account) agree to these Terms and any other policies posted on the site. If you do not accept these Terms, do not use this site or access your account.

1. The site is not intended for use by persons under the age of 18. By accessing this site, you represent that you are at least 18 years of age.

2. You accept sole responsibility for all of your activities on the site. You may not use this site for any improper or unauthorized purpose. You may not use the site in a manner that:

(a) is unlawful or encourages unlawful behavior of any kind;

(b) uses technology or other means to access, interrupt, or destroy the content or systems of the Board in a manner that is not authorized by the Board; or

3. Automated Calling/Text Messaging and Call Recording Consent. You agree that the Board may use automated telephone dialing and text messaging systems to deliver messages to you at any number you provide to the Board, its affiliates, agents, service providers, or assignees (collectively, the “Messaging Parties”). For example, you might provide a number to the Messaging Parties by inputting a telephone number into the site, by providing a telephone number to one of their representatives, or by providing a telephone number in association with your account. The Board will send these messages and may include information or questions about your relationship with the Board, including, for example, messages regarding open enrollment services or periods, products, or services (including marketing content), or your account. You also agree that we may deliver these messages via a prerecorded and/or artificial voice message. When the telephone is answered, these messages may play by a machine automatically, whether you answered the phone or someone else did. Also, your answering machine may record these messages.

You understand that, when you receive such calls or text messages, you may incur a charge from the company that provides you with telecommunications services. You agree that the Messaging Parties will not be liable to you for any fees, inconvenience, annoyance or loss of privacy in connection with such calls or text messages. You understand that anyone with access to your telephone or email account may listen to or read the messages, notwithstanding the Messaging Parties’ efforts to communicate only with you. If a telephone number you provided to the Messaging Parties changes, or if you cease to be the owner, subscriber, or primary user such telephone number, you agree to immediately notify the Board so that the Messaging Parties may update their records. To stop receiving text messages from us, you may reply to any text message that the Messaging Parties send to you with the word “STOP.” Your request to stop receiving text messages will be processed within a reasonable time. To stop receiving text messages, autodialed, prerecorded, or artificial voice calls, please (i) contact the Board by phone at 800-773-7752; (ii) write to The Board of Pensions of the Presbyterian Church (U.S.A.), 2000 Market Street, Philadelphia, PA 19103-3298; or (iii) email: MemberServices@pensions.org. You also understand and agree that, subject to applicable law, the Messaging Parties may monitor and/or record any of your phone conversations with any of their representatives for training, quality control, evidentiary, and any other purposes. However, the Messaging Parties are not under any obligation to monitor, record, retain, or reproduce such recordings, unless required by applicable law.

4. Your password provides access to your account, which contains personal information. Therefore, you should be careful not to misplace it or disclose it to others. You are solely responsible for (1) authorizing, monitoring, controlling access to and maintaining the strict confidentiality of your password, (2) not allowing others to use your password, and (3) any transactions or damages that may be incurred as a result of your failure to maintain the strict confidentiality of your password. You also agree to immediately inform the Board if you believe your password has been lost, stolen, or compromised.

5. We reserve the right to terminate or suspend your account access at any time, with or without cause, in our sole discretion. In addition, we may immediately terminate or suspend your account access if:

(a) you or any authorized user of your password breaches any agreement with us, including without limitation, these Terms;

(b) we have reason to believe there has been or may be an unauthorized use of your password, your account, or our service; or

Please note that if you instruct us to terminate your account, you will remain liable for all transactions authorized prior to our receipt of your termination notice.

6. IN NO EVENT WILL THE BOARD OR ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SITE, EVEN IF THE BOARD OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

7. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND THE SERVICES AND CONTENT PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT THE SITE’S CONTENT, FUNCTIONS, OPERATION, OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE SECURE AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT THE BOARD EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALL AND ANY DEFECTS, ERRORS OR OMISSIONS ON THE SITE OR ITS CONTENTS, AND ANY DOWNTIME EXPERIENCED ON THE SITE.

8. The site, its content, and all intellectual property pertaining to or contained on the site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) belong to the Board or third parties; all rights, title, and interest therein will remain the property of the Board and/or such third-party owner, as applicable. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on this site without the Board’ written permission. You may, however, download and make one copy of the content and other downloadable items displayed on this site for your personal, noncommercial review only, provided that you maintain all copyright notices contained on such content and make no other use thereof. You hereby agree to release and hold the Board and its representatives harmless from and defend and indemnify them against any and all third-party claims, liability, damages, and/or costs (including, without limitation, attorney’s fees) the Board may incur arising as a result of the infringement of any intellectual property or other right of the Board or any other person or entity resulting from your use of the site.

9. All information submitted to the Board via the site will be deemed and remain the property of the Board, and the Board will be free to use, for any purpose, any idea, concept, know-how, or technique contained in information a visitor to the site provides the Board through the site. The Board will not be subject to any obligations of confidentiality regarding submitted information, except as may be expressly agreed in writing by the Board or as otherwise specifically required by law.

10. Your Benefits Plan, particular parts of the site, or other services offered by the Board may be subject to additional terms and conditions. In the event of a conflict, such additional terms and conditions will govern your Benefits Plan, the particular parts of the site, or the other service offered by the Board.

11. All benefits are estimates and quotations provided in Benefits Connect are estimates and do not constitute a contractual obligation on the part of the Board to provide such benefits if the estimate is determined to be inaccurate upon audit by the Board. Benefits are only payable in accordance with the current terms of the Benefits Plan as set forth in your official plan document. In the event of an inconsistency with the information provided on the site, the terms of the Benefits Plan will govern.

12. THE SITE MAY CONTAIN LINKS TO WEBSITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF THE BOARD). THE BOARD HEREBY DISCLAIMS LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD-PARTY WEBSITES LINKED TO ON THE SITE. BY CREATING A LINK TO A THIRD-PARTY WEBSITE, THE BOARD DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEBSITE, NOR IS THE BOARD LIABLE FOR ANY FAILURE OF ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE WEBSITES. SUCH THIRD-PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF THE BOARD, AND THE THIRD-PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE SITE.

13. The Board is committed to protecting the privacy of those who access or use our Site. You may learn more about our privacy practices by reading the Board of Pensions Privacy Policy (accessible through the www.pensions.org home page) and the Medical Plan’s “HIPAA and Your Privacy” policy (available in the Benefits Notices section of www.pensions.org), the terms of which are incorporated herein. By using the site, you consent to these policies for any information to which you have access.

14. The Board makes no warranty whatsoever to you, express or implied, regarding the security of the site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. the Board is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices. You agree to regularly and promptly review and verify all transactions on Benefits Connect. You are required to report any unauthorized use of your account by contacting the Board immediately by mail at: The Board of Pensions of the Presbyterian Church (U.S.A.), 2000 Market Street, Philadelphia, PA 19103-3298, or by email at: MemberServices@pensions.org.

15. The Board reserves the right to change these Terms or the site at any time, in its sole discretion and without notice to you. We will post any changes on the site. Continued use of the site following such modifications to the site or Terms will constitute your acceptance of such modifications. You should periodically review these Terms on the site.

16. If we fail to enforce any of our rights under these Terms, our Privacy Policy, or applicable laws, it will not be deemed to constitute a waiver of such right. If any provision of these documents is found by a court to be invalid, then the remaining terms and conditions will remain in full force and effect.

17. The site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. The Benefits Plan, the Privacy Policy, these Terms, and any additional terms and conditions will be construed and administered in accordance with the laws of the Commonwealth of Pennsylvania.

18. If you have questions, comments, or concerns regarding this site, please contact us by mail at: The Board of Pensions of the Presbyterian Church (U.S.A.), 2000 Market Street, Philadelphia, PA 19103-3298, or by email at: memberservices@pensions.org.

Effective: May 2, 2016

Updated: January 3, 2024